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How can you invoke your Miranda rights?

On Behalf of | Jan 6, 2022 | Criminal Defense

When you watch crime movies or television shows, you may hear the officers reading suspects their rights. It’s important for people who are facing that situation in real life to realize the importance of this step. 

These are known as the Miranda rights. They include a right to remain silent. Once the officer reads them to a person, they’ll ask if the person understands. At that point, the individual has to determine what they’re going to do. Ideally, anyone in this position will invoke those rights. 

What should you do to invoke your right to remain silent?

You have to clearly state that you’re invoking these rights. The best way to do this is to speak up. You might be tempted to just remain silent, but that isn’t a clear way to invoke the right to remain silent. Telling the officer that you want to remain silent and that you want to speak to your lawyer provides a clear message that’s much harder to dispute later.

Once you invoke your right to remain silent, you can’t be questioned. This includes the officers who are there when you tell them you’re not talking, but it also includes all others. They can’t simply change officers and continue the questioning. 

Anyone who’s being interrogated in a criminal matter should ensure they protect their rights. Because you have the right to avoid self-incrimination, you should be sure that you clearly invoke your Miranda right to remain silent. This gives you a chance to consult with your legal representation so you can determine what course of action is in your best interest.